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Amendment of the principal Regulations

14.—(1) Regulation 49(1) (Qualifying conditions for the maintenance grant) shall be amended as provided by paragraphs (2) to (5).

(2) At the beginning of sub-paragraph (a), there shall be inserted “subject to sub-paragraph (m),”.

(3) After sub-paragraph (d), there shall be inserted—

“(da)“dependent child” means, in relation to an eligible student, a child dependent on the student;”.

(4) In sub-paragraph (g) for “and (k)”, there shall be substituted “, (k) and (l)”.

(5) after sub-paragraph (k), there shall be inserted—

“(l)for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—

(i)the spouse of an eligible student’s partner;

(ii)the civil partner of an eligible student’s partner;

(iii)where the eligible student began the specified designated course on or after 1st September 2000, a person ordinarily living with an eligible student’s partner as if he were his spouse;

(iv)where the eligible student began the specified designated course on or after 1st September 2005, a person ordinarily living with an eligible student’s partner as if he were his civil partner;

(m)subject to sub-paragraph (n), for the purposes of the definitions of “adult dependant” and “dependent child”, the Department may treat an adult person or child as dependent on an eligible student if it is satisfied that the adult person or child—

(i)is not dependent on—

(aa)the eligible student; or

(bb)his partner; but

(ii)is dependent on the eligible student and his partner together.

(n)the Department must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (m), if A is—

(i)the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Department considers the eligible student’s partner is separated); or

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